Net Zero, clean power ambitions and land rights

In 2025 the Government consulted on potential changes to land rights and consent processes in connection with electricity network infrastructure as part of how the Government can support the transition to net zero and secure the electricity network for the future. It (being “The Department of Energy Security and Net Zero”) has now published its response to the consultation. The bigger picture of course remains not only delivering cleaner power but also making this cheaper and more secure, so that in the future we are not exposed to higher prices or service interruption due to wider global issues. The Government has now published its response to that consultation.

The need to upgrade and expand the electricity network is a “national imperative” and forms part of the wider Government push to drive economic growth. Whilst the changes now proposed will hopefully help to speed up the upgrades that are necessary, they also affect landowners whose land may be crossed or accessed by or for electricity infrastructure. As a nation we need to get power derived from remotely located wind and solar farms, or new mini-nuclear power stations, to where it is needed.

Licence Holders (electricity distribution and transmission companies) require permission to install and keep electricity lines and equipment on private land and to have access to that land for inspection, maintenance, repair or removal. This is usually agreed with a landowner through a voluntary wayleave.

For landowners, here is a summary of some of the key changes now proposed, with legislation intended to be introduced by the Government in the coming months to give effect to these.

Necessary Wayleaves

• Where a voluntary wayleave cannot be agreed (whether in respect of existing apparatus (where the voluntary wayleave has expired) or for new apparatus), Licence Holders can apply for a ‘Necessary’ wayleave, being the grant of a wayleave through compulsory statutory powers.
• Currently these can only be applied for where a Notice to Remove has been served, leaving Licence Holders (who need the equipment to remain in place) at the mercy of landowners who might give short notice.
• The reforms now proposed will give Licence Holders the right to apply for a Necessary Wayleave for existing lines without having first received a Notice to Remove but in limited circumstances (for example where the existing line has a voltage of 132kV or above), therefore giving more rights to Licence Holders to protect their apparatus.
• In future it is also expected that Landowners will need to give a reason for their ‘Notice to Remove’ and there may be consequences on compensation arrangements if a matter reaches the Upper Tribunal and the parties have not first considered Alternative Dispute Resolution
• Where a Necessary Wayleave is granted, the default length of these will now be 40 years instead of 15, fundamentally reducing the likelihood of the position needing to be revisited over and over and such time period is also more in line with the operational lifespan of the relevant infrastructure.

For landowners with existing wayleaves or wayleaves that are due to expire shortly, being aware of these wider rights to Licence Holders is key. It is also worth noting that a longer-term Necessary wayleave does restrict a landowner’s future plans for the land (although there will still be some discretion applied by the Secretary of State on a case by case basis).

Tree and Vegetation maintenance around electricity lines

• The primary responsibility for managing trimming and felling of trees and other vegetation in and around electricity lines currently falls to the landowner.
• The Government now proposes that responsibility will fall to the relevant Licence Holder, although landowners can continue to undertake the works where it is safe to do so (and in consultation with the relevant Licence Holder).
• The Government will back up these proposals to give a statutory right of access to Licence Holders to carry out such works (where necessary for safety purposes) subject only to a 21-day notice period (or immediately in the case of an emergency).
• Landowners will be compensated where any loss or damage occurs because of these works.

For landowners with existing electricity lines crossing their land, this shift in responsibility is worth being aware of as, depending on the critical nature of the line, it may result in more regular management of trees and vegetation on land by Licence Holders. It does however remove some of the work that previously fell to landowners.

Substations and Permitted Development

• Currently substations are permitted, without the need for full planning approval, if the chamber it is housed is no larger than 29 cubic meters. With upgrades needed to meet growing demand the expectation is that larger substations are going to become more common, particularly where they are also needed alongside electric vehicle charging stations.
• The proposal now is therefore to increase the threshold to 45 cubic metres, meaning larger substations will be permitted without planning approval (except in Sites of Special Scientific Interest and European Sites (which are designated under EU nature directives)) subject to the substation being no more than 3m in height and not within 5m of a dwelling.
• The extended permitted development rights will also apply to areas of National Parks etc although subject to a prior approval application being made to the Local Planning Authority (as to its siting and appearance).

For landowners looking to install EV chargers whether for the first time or to expand existing EV charging infrastructure, this could mean there is one less loophole to jump through in the process.

Private Streets

• Currently access to private streets for routine maintenance or low risk but critical upgrade works is subject to delays for Licence Holders as consent is required.
• The Government intends to ensure that a Licence Holder’s ability to carry out works in a private street are more consistent with other types of public streets or highways.
• Consent from private street authorities to temporarily break up or open private streets for the purpose of installing or upgrading electricity infrastructure will not now be required.
• Safeguards will be in place for private street owners including a reinstatement obligation on the Licence Holder and for a formal mechanism of compensation disputes to be dealt with.

Access Rights

• Currently the access to electricity infrastructure is usually agreed voluntarily between a landowner and a Licence Holder but delays and costs then result when access is refused.
• Whilst there are statutory powers available to Licence Holders, the Government is now proposing to clarify and further extend these statutory access rights to reduce delays and support the delivery of the necessary infrastructure. These proposals will:
  • Expand the extent of land over which Licence Holders can gain access – they will be able to access any necessary land, not just the land directly beneath the equipment.
  • Expand statutory access rights for the purpose of upgrading the voltage of existing lines being upgrades up to and including 11kV and in respect of upgrades from 275kV to 400kV
  • Extend statutory access rights so that operators can access third party land for the purpose of installing new electricity infrastructure subject to giving the affected landowner 3 months’ notice. This applies to third party land where access is required but is not relevant for the land where the infrastructure will ultimately be placed.

Landowners, and in particular farmers, ought to be aware of these proposed new extended access rights, whether the intention is for apparatus to be installed across one’s land or not. Whilst Licence Holders should always seek to pursue consent from all relevant landowners, the statutory extensions here give much greater flexibility to utility providers to upgrade and install infrastructure, even where an existing wayleave perhaps limits the voltage or the nature of the equipment already installed.